Legal Definitions - sub colore officii

sub colore officii

"Sub colore officii" is a Latin legal phrase that translates to "under color of office." It describes an action taken by a public official or someone in a position of authority who appears to be acting within their official capacity, but is actually exceeding or abusing their legitimate power. The action gives the impression of being official and authorized, even though it is not truly sanctioned by law or proper authority. It implies a deceptive use of official status to perform an unauthorized or illegal act.

Here are some examples illustrating this concept:

• Example 1: Police Officer Extortion
  A police officer pulls over a driver for a minor traffic infraction. Instead of issuing a ticket or warning, the officer demands a cash payment directly to them, threatening to impound the driver's vehicle if the money is not paid immediately.

  How it illustrates the term: The officer is in uniform, driving a patrol car, and performing a traffic stop – all actions taken under the color of their office. However, demanding personal cash payment for a traffic violation is an abuse of authority and not a legitimate exercise of police power. The driver might comply because they perceive the officer's demand as an official act, even though it is illegal.

• Example 2: Building Inspector Coercion
  A municipal building inspector, during an official inspection of a new restaurant, tells the owner that certain minor, non-existent "violations" must be fixed by a specific construction company (which is secretly owned by the inspector's relative) before the business can receive its operating permit.

  How it illustrates the term: The building inspector is acting under the color of their office by conducting an official inspection and discussing permit requirements. However, fabricating violations and directing business to a specific company for personal gain is an abuse of that authority, making the official act appear legitimate while being corrupt.

• Example 3: School Administrator Misuse of Resources
  A public school principal uses official school letterhead and the school's email system to send out a fundraising appeal for a personal political campaign, implying that donations would be viewed favorably by the school administration.

  How it illustrates the term: The principal is leveraging their position and the official resources of the school (letterhead, email system) under the color of their office. While a principal has authority within the school, using school resources and their official title to solicit funds for a personal political campaign is an abuse of that authority and not a legitimate function of their role.